>> based on my reporting it is the property of the fbi. as you know the administration approached the attack as a law enforcement criminal matter. i also understand the cia has also seen the tape and the state department. >> judge jeanine: and we also understand, catherine, that the consulate did not meet the high standards that are required of all consulates? >> i'm glad you raised that point. we first reported here at fox news on september 28 that a type of waiver had been signed which meant the consulate in benghazi did not meet very is specific state department security standards. you see if you have a posting in an area that is at high threat for terrorism or for civil unrest there are very specific physical security standards such as reenforced ballistic windows, doors, even the width and depth of the concrete to reenforce the windows and doors is dictated and this was waived in benghazi and because it was waived it meant there wasn't that hour of time which is what the standards are supposed to allow for in which an a.m. bass and hi